· 6/8/1977
Merrimack Valley National Bank v. Baird
Citations
- 363 N.E.2d 688
- 372 Mass. 721
- 1977 Mass. LEXIS 973
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- \The author of the ambiguous term is held to any reasonable interpretation attributed to that term which is relied on by the other party.\
- guarantors not discharged from liability even though bank altered repayment terms without express assent of guarantors, because guarantors consented to the acts in advance
- in cases of ambiguity, as' a general rule, a contract’s terms are construed against the drafter of the doubtful language
- when guaranty contract is ambiguous, parties’ intent determined by looking at “guaranty’s terms and the circumstances surrounding its creation, such as relationship of the parties, actions of the parties and established business usages”
- “[W]hen a contract term is ambiguous, its import is ascertained from the parties’ intent as manifested by the guaranty’s terms and the circumstances surrounding its creation, such as [the] relationship of the parties, actions of the parties and established business usages.”
Source: CourtListener parenthetical corpus (CC0).
Judges: Hennessey, Quirico, Braucher, Wilkins, Abrams
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
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